Service Level Agreement

Schedule B

Support Services

InteliChart Support – Disclaimer:

InteliChart shall solely support InteliChart Applications and shall not be responsible for supporting any third-party hardware, software or environments utilized by Client. In addition, InteliChart shall only support InteliChart Applications that are being operated using the most current version, or one of the two immediately preceding versions, of an Internet web browser (e.g., if Internet Explorer v11 is the most current version, then InteliChart shall only support Internet Explorer v11, v10 and v9).

Help Desk Operations:

InteliChart shall maintain a help desk staffed with personnel to receive inquiries by telephone (704-347-0661 Option 2) and support web-portal (https://support.intelichart.com/) between the hours of 8:30 a.m. – 8:30 p.m. Eastern Time, Monday through Friday, excluding holidays (“Business Hours”). InteliChart shall provide emergency support for outside of Business Hours for Critical Issues (as described below). All Critical Issues must be reported via telephone. Non-Critical Issues reported outside of Business Hours shall be responded to during the following business day. If non-Critical Issues arise outside of normal Business Hours and Client would like them addressed at that time, InteliChart shall charge its then-current hourly rate, billed in 15 minute increments.

Critical Issues” supported after hours at no extra charge:

  1. Client cannot connect to Applications (other than arising from a password failure, LAN failure or Local Internet Access failure)
  2. Certificate / URL failure
  3. InteliChart database connectivity errors

To access the “after hours” support line call 704-347-0661 and choose option 2 and leave a voicemail. An InteliChart representative shall contact you shortly after leaving your message.

Support Response Times:

InteliChart shall use commercially reasonable efforts to correct or provide a reasonable workaround to address all material errors that are identified in the Application pursuant to the chart below.

Error Classification Criteria InteliChart Response

Critical

Errors preventing essential work from being done; sustained service outages.

1. Respond to initial call or receipt of email within one (1) hour during Business Hours, one (1) hour outside of Business Hours.

2. Work diligently to correct the issue or provide a reasonable work around, providing status updates every four (4) hours. For any critical issues that are not resolved or for which a reasonable workaround is not provided within twelve (12) hours, the issue shall be escalated to InteliChart’s Chief Architect who shall be personally involved in overseeing resolution.

High

Errors which cause impairment of the Application functionality, which do not preclude operations but which cause Client to suffer significant inconvenience in performing day-to-day business functions.

1. Respond to initial call or receipt of email within two (2) hours if received during Business Hours or, if not, then within the first one (1) hour of the subsequent business day. ·

2. Work diligently to correct the issue in a hotfix or provide a reasonable workaround during Business Hours, providing status updates every forty-eight (48) hours.

Medium Errors which may cause minor impairment of the Application functionality, which do not preclude operations but which may cause Client to suffer minor inconvenience in performing day-to-day business functions. 1. Considered for next scheduled material upgrade of the Application.
Low Errors where there are problems of a cosmetic nature or which have an insignificant effect on Client’s operations. 1. Considered for next scheduled material upgrade of the InteliChart applications


Application Availability Commitment:

Each Application shall be available 99% of the time, measured on a monthly basis. Availability shall be calculated for the measurement period by dividing (a) the Baseline Uptime less Unscheduled Downtime by (b) the Baseline Uptime for the same period.

Please note:

Baseline Uptime” means, with respect to an Application, the total number of minutes during the measurement period during which such Application is available for access and use during Business Hours. Baseline Uptime excludes Scheduled Downtime and Excused Downtime.

Scheduled Downtime” means, with respect to an Application, the total number of minutes during the measurement period during which such Application is not available due to planned, scheduled maintenance. For more details on notice of Scheduled Downtime, see below.

Unscheduled Downtime” means, with respect to an Application, the total number of minutes during the measurement period during which such Application is not available for use by Client other than Scheduled Downtime and Excused Downtime.

Excused Downtime” means, with respect to an Application, the total number of minutes during the measurement period during which such Application is not available for use by Client due to events outside of InteliChart’s reasonable control, including: (i) Client side hardware, software or network issues; (ii) telecommunications outages; and (iii) other force majeure events.

Scheduled Downtime:

InteliChart shall use commercially reasonable efforts to perform its scheduled maintenance and backups during non-Business Hours. InteliChart shall provide Client with written notice of a window of time planned for any scheduled maintenance at least five (5) days in advance, and shall confirm an exact date with written notice at least forty-eight (48) hour prior to the scheduled maintenance. With respect to scheduled downtime required by InteliChart’s service providers (e.g., Microsoft), InteliChart shall pass along to Client any notice of third party scheduled downtime within forty-eight (48) hours of receiving notice thereof from the applicable third party.

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